Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Lundeg Purevsuren
110.   The position of Bangladesh on the proposed lifting of the moratorium on non-violation and situation complaints is well-known. We are in favour of establishing a permanent moratorium. 111.   Bangladesh invites the views and ideas of our friends who were proponents of the application of the non-violation and situation complaints on the scope and modalities of the proceedings as required by Article 64.3 of the TRIPS Agreement. The Council needs to be better informed, and only then it will be in a better position to examine and consider the proposal. 112.   During the General Council meeting in December 2019, the Moratorium on TRIPS NVSC has been extended temporarily till MC 12. The concept of NVSC appears to be still an unknown territory, and unless the scope and modalities are outlined first, we cannot go any further in this discussion. As we perceive it now, if non-violation and situation complaints are made applicable to TRIPS, any issue can be brought as 'cases' under this umbrella. Clear delimitations, therefore, need to be conceived, defined and thoroughly examined first. 113.   Bangladesh reiterates its readiness to constructively engage with Members on this issue further.
The Council so took note of the statements made and agreed to revert to the matters at its next meeting.
16.   The Chair recalled that the initial mandate to examine the scope and modalities for non-violation and situation complaints, contained in Article 64.3 of the TRIPS Agreement, had required recommendations to be submitted in 1999. On 10 December 2019, the General Council had directed the TRIPS Council to continue its work and to make recommendations to the 12th Ministerial Conference (MC12). It was also agreed that, in the meantime, Members would not initiate such complaints under the TRIPS Agreement.
17.   He informed delegations that he had held two sets of informal consultations with a small group of the most active Members, on 17 and 31 January 2020. He had asked Members to explore how work could advance on this issue before the next meeting of the TRIPS Council, which was scheduled for 14-15 May 2020. However, there had not been further progress, even in an informal setting. He highlighted that MC12 was only 4 months away. It was, therefore, important that discussions soon begin to focus on concrete suggestions for the Council's recommendation for the Ministerial. As his chairmanship was concluding, he hoped that the incoming chair would be able to take up his or her duties very soon after nomination by the General Council, so as to allow for timely and focused work, and he encouraged delegations to support his successor during the challenging period ahead.
18.   The representatives of South Africa, on behalf of the African Group; Bangladesh; Egypt; Indonesia; Nigeria; Chinese Taipei; India; China; Chile; the United States of America; the Russian Federation; Switzerland; Japan; Canada; Norway; the Republic of Korea; and the Plurinational State of Bolivia took the floor.
19.   The Council so took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/94, IP/C/M/94/Add.1